HomeMy WebLinkAboutMinutes - 02-28-06 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
FEBRUARY 28, 2006
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:36 p.m., February 28, 2006, in the Council Chamber of the Downey
City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Meredith H. Perkins
presiding
PRESENT: Council Members/Commissioners:
Meredith H. Perkins
Rick Trejo
Mayor/Chairman
Mayor Pro Tem/Vice- Chairman
(arrived 6:45 p.m.)
David R. Gafin
Kirk O. Cartozian
Anne M. Bayer
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Charles S. Vose, City Attorney/Economic Development Director
Lee Powell, Assistant City Manager
Kathleen L. Midstokke, City Clerk/Secretary
Mark Sauter, Fire Chief
NON-AGENDA PUBLIC COMMENT: No one came forward to speak.
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Council Member/Commissioner GaIn, seconded by Council
Member/Commissioner Bayer and unanimously carried (4/0) to approve the Closed Session
Minutes of February 14, 2006.
RECESS TO CLOSED SESSION
Mayor/Chairman Perkins announced the Council/Commission is recessing to Closed
Session (6:37 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1 Government Code Section 54956.8 – Conference with real property negotiator Charles Vose
re: property located at the southwest corner of Stewart & Gray Road and Bellflower Boulevard
(the leased portion of the Downey Landing development); negotiating party: Downey Landing,
LLC; under negotiations: price and terms of payment.
2.Government Code Section 54956.8 – Conference with real property negotiator Charles Vose
re: property located at northwest corner of Bellflower Boulevard and Steve Horn Way (the
leased portion of the Downey Studios property); negotiating party: IRG Downey, LLC; under
negotiations: price and terms of payment.
City Council/Community Dev. Comm. Minutes (adj.) 02/28/06 -1 -
3.Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re:
direction for labor negotiations with Middle Management.
RECONVENED
The meeting reconvened in Open Session at 7:33 p.m. Qth all Council Members/
Commissioners present. There were no Closed Session actions to report.
The meeting recessed at 7:33 p.m.
The meeting reconvened at 9:57p.m. Wth all Council Members/Commissioners present.
ADJOURNMENT: 9:57 p.m.
aIM
MEREDITH HKATHLEEN L. MIDS-fl3KKE, City Clerk/Secretary PERKINS, Mayor/Chairman
City Council/Community Dev. Comm, Minutes (adj.) 02/28/06 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
FEBRUARY 28, 2006
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentations
CDBG & Home Investment Programs, Public Comment
Non-Agenda Public Comment
Council Member Announcements/Request for Future Agenda Items
Council Minutes: Reg. & Adj. Mtg. 02/14/06
Warrants: # 210986-210356; Wire Nos.284-285; 30001 175-
30001182; $3,634,120.42
CC #574/75 – Stewart & Gray Pavement Rehab. Approved
Rio San Gabriel Park restroom bldg. Approved
Reso. #06-6902 - Lighting & Landscape AD121, order report Adopted
Reso. #06-6903 – Approve final PM #60937, 8334 Lexington Rd. Adopted
Reso. #06-6904 – Art in Public Places Committee Appointments Adopted
Adopted
Adopted
Adopted
Adopted
Denied
2
3
3
3
3
3
3
3
4
4
4
4
4
4
6
Approved
Approved
Reso. #06-6905 – Police Dept. Records Destruction
Reso. #06-6906 – Cable TV Citizens Advisory Comm. Appt.
Reso. #06-6907 – Establish Matron Duty Pay, Police Records
Ord. #06-1 186 – City Council Reimbursement Policy
Vicious Dog Permit Appeal
Adjournment
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
FEBRUARY 28, 2006
The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., February 28,
2006, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Meredith H. Perkins presiding.
PRESENT:Council Members:
Meredith H. Perkins
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Anne M. Bayer
Mayor
Mayor Pro Tem
ALSO PRESENT:Gerald M. Caton, City Manager
Charles S. Vose, City Attorney/Economic Development Director
Kathleen L. Midstokke, City Clerk
Lee Powell, Assistant City Manager
Desi Alvarez, Director of Public Works
Roy Campos, Police Chief
Linda Haines, Director of Development Services
John Michicoff, Director of Finance
Thad Phillips, Acting Community Services Director
Mark Sauter, Fire Chief
Rick Esteves, Police Captain
John Godlewski, City Planner
Ed Velasco, Housing Manager
Susan Domen, Secretary to the City Clerk
PRESENTATIONS:
Mayor Perkins presented the Mayor's Soaring Eagle Award to Police Officer Carlos Bejines.
Representatives from the California Highway Patrol presented the CHP 10851 Award (re:
stolen vehicles) to Downey Police Corporals Nathan Weinrich and Justin Prentice; Officers Jason
Klevos, Chris Kurtz, Christopher Bedoka, Jonathan Yepes and Ethan Roberts.
A Power Point presentation was given by Albert Perdon, Executive Director, Orangeline
Development Authority regarding an update of the proposed project.
PUBLIC HEARINGS:
1.RECEIVED PUBLIC COMMENT ON 2006-07 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAMS: Development
Services
Mayor Perkins opened the Public Hearing at 8:15 p.m. City Clerk Midstokke affirmed
receipt of the Proof of Publication. It was moved by Mayor Pro Tem Trejo, seconded by Council
Member Gafin and so ordered to receive and file.
City Council Minutes 02/28/06 -1-
Housing Manager Velasco summarized the staff report referring to information contained
therein, and answered questions from the City Council. He explained that as part of the process for
receiving the CDBG and Home Investment Partnership Program grants, the City must submit a one
year action plan every year. In the course of developing the plan Public Hearings are held to receive
comment from citizens on the use of these monies. Manager Velasco stated that the City had placed
ads in the local paper, sent letters out to the local organizations and held three staff level meetings
with the public.
Council Member Cartozian asked if the amounts were the same as previous years and was
informed that there had been cutbacks to the program overall and the amounts will probably be
decreased 10% this year.
The following persons spoke on behalf of the programs:
Laura Miller, Executive Director Rio Hondo Temporary Home
Cliff Schlittenhart, Board Member Rio Hondo Temporary Home
Kevin McDonald, Executive Director Arc
Chris Avila, resident of Downey
It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Trejo and so
ordered to close the Public Hearing, the time being 8:29 p.m.
Council Member Gafin responded to an earlier speaker’s comments and clarified that funds
are currently used for Code Enforcement.
Council Member Bayer stated that both the Rio Hondo Temporary Home and Arc do a good
job for the City.
Council Member Cartozian noted that he feels it is a good idea to divert more of the monies
towards Code Enforcement specifically towards graffiti abatement and that we should consider more
affordable senior housing developments such as the Heritage Court in downtown.
There being no further discussion, Mayor Perkins declared the item concluded at this time.
NON-AGENDA PUBLIC COMMENT:
Aostara Kaye, resident of Downey, submitted a letter with signatures of ten residents
regarding the negative impacts of Lakewood Boulevard/Firestone Boulevard construction on
McCahill Street residents.
Sharon Newberg, resident of Downey, also lives on McCahill Street and complained about
the construction related problems.
Alexander Alba, resident of Downey, spoke regarding the bulk and mass of new homes in
the residential areas and feels a compromise must be reached on this issue.
John Lacy, resident of Downey, indicated he is a professional realtor and takes offense with
statements made at prior meetings regarding realtors, noting they have fiduciary responsibilities to
their clients
Chris Avila, resident of Downey, commented regarding parking problems, multi families living
in one home and submitted copies of newspapers with advertisements of rooms for rent in Downey
over several months.
City Council Minutes 02/28/06 -2-
OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items:
Mayor Pro Tem Trejo requested that staff look into finding a location for young people to
hang out near the Krikorian Theatres; and requested that the Police Department respond to the
building owner at LaReina Avenue and Third Street who has reported tagging and damage to private
property
Council Member Gafin requested an update to his request from last August regarding
driveways in residential areas.
Council Member Cartozian announced that the annual Gangs Out of Downey luncheon will
be held on April 12, 2006 with Police Chief Campos as key note speaker and Supervisor Knabe as
emcee; recognized Downey Unified School District Board Member Tod Corrin in the audience
tonight; announced that he had attended the Family Read-In at Gallatin School last Friday; thanked
the residents on McCahill Street for expressing their concerns, noting he will be attending the Project
Area Committee meeting again in March; and requested an agenda item to look at a Specific Plan
for the Rancho Los Amigos property site.
Council Member Bayer recognized in the audience tonight Emergency Preparedness
Committee member Lee Ann Sears, Water Facilities Corporation member Fay Campbell and Art in
Public Places Committee member Robert Goldstein.
Mayor Perkins noted a letter he had received praising the Downey City Library and especially
Claudia Dailey; and another letter commending the Police Department and specifically Officer Kevin
Kendall for excellent response and apprehension of a suspect at a local business.
CONSENT CALENDAR:
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Trejo and
unanimously carried to approve the Consent Calendar items as recommended:
2.APPROVED COUNCIL MINUTES: Adjourned and Regular Meetings February 14, 2006:
City Clerk.
3.APPROVED WARRANTS ISSUED: Nos. 210986-211356; Wire Nos. 284-285; 30001175-
30001182; in the total amount of $3,634,120.42: Finance.
4.CASH CONTRACT NO. S.S. 574/575 - STEWART AND GRAY ROAD PAVEMENT
REHABILITATION: APPROVED PLANS AND SPECIFICATIONS AND GRANTED
AUTHORITY TO ADVERTISE FOR BIDS: Public Works.
5.APPROVED THE PURCHASE AND INSTALLATION OF A RESTROOM BUILDING AT
RIO SAN GABRIEL PARK, 9612 ARDINE STREET, AT A COST OF $200,000 FROM
RESTROOM FACILITIES LIMITED: Community Services.
6.ADOPTED RESOLUTION NO. 06-6902, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT ON
ASSESSMENTS WITHIN LIGHTING AND LANDSCAPING DISTRICT A.D. 121 FOR
FISCAL YEAR 2006-07: Public Works.
7.ADOPTED RESOLUTION NO. 06-6903, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING FINAL PARCEL MAP NO. 60937 (8334 LEXINGTON
ROAD), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A
SUBDIVISION IMPROVEMENT CASH DEPOSIT AS SURETY: Public Works.
City Council Minutes 02/28/06 -3-
8.ADOPTED RESOLUTION NO. 06-6904. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING APPOINTMENTS TO THE ART IN PUBLIC PLACES
ADVISORY COMM11-FEE FOR COUNCIL DISTRICT ONE – VIVIAN DURKEE; DISTRICT
TWO - KATHERINE BODE: DISTRICT THREE – HAROLD TSEKLENIS; DISTRICT
FOUR – ROBERT GOLDSTEIN ; AND DISTRICT FIVE – GEORGE REDFOX:
Administration .
9.ADOPTED RESOLUTION NO. 06-6905, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE
RECORDS OF THE POLICE DEPARTMENT: Police.
10.ADOPTED RESOLUTION NO. 06-6906, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING APPOINTMENT OF LUIS MARQUEZ TO THE CABLE
TV CITIZENS ADVISORY COMMITTEE FOR COUNCIL DISTRICT ONE: Administration.
11.ADOPTED RESOLUTION NO. 06-6907, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ESTABLISHING MATRON DUTY PAY FOR PART-TIME POLICE
RECORDS SPECIALIST I AND II: Administration.
12.ADOPTED ORDINANCE NO. 06-1186, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AUTHORIZING THE REIMBURSEMENT OF CERTAIN MINIMUM
EXPENSES INCURRED BY EACH MEMBER OF THE CITY COUNCIL AND
SUPERSEDING ORDINANCE NO. 858: City Attorney.
ADMINISTRATIVE REPORTS :
13.APPEAL OF DENIAL OF APPLICATION FOR PERMIT TO MAINTAIN VICIOUS DOGS AT
9368 FARM STREET, STEVEN HONG, APPELLANT: Police.
Police Captain Esteves presented the staff report outlining the documented events of attacks
by the two dogs in question. He stated that SEACCA is recommending denial of the permit due to
the safety and general welfare of the neighbors being at risk.
City Attorney Vose clarified that the Council is reviewing this matter to determine if the dogs
pose a threat to the public under the Downey Municipal Code Section 4276.
Mayor Pro Tem Trejo asked the proximity to schools and the times of the attacks and was
told that Rio San Gabriel Elementary school is to the south and East Middle school is to the west of
the property and the attacks took place at approximately 8:00 p.m. and 8:30 p.m.
Council Member Cartozian asked if the dogs had been determined as vicious dogs, and was
informed that the California Food and Agricultural Code defines a dog as dangerous when there
have been 2 occasions of unprovoked attacks within a 36 month period.
Steven Hong, appellant, stated that he had not been given a reason for the denial of the
permit but rather had been given the reasons as to why a permit would be required. He continued
that he had met with the conditions SEACCA had required to receive a Vicious Animal permit. He
also noted that one of the attacks was provoked by another dog entering his property and attacking
his animals and he had not reported it. Mr. Hong recognized some negligent actions on his part and
stated he understands the concerns of his neighbors, but he has taken all required actions to secure
the animals and prevent further attacks.
City Council Minutes 02/28/06 -4-
Ina Hong, wife of appellant, noted that the attacks were accidents and that the dogs are part
of their family and they protect their territory. She stated that she has two children and the dogs
wouldn’t hurt anyone and she doesn’t want the dogs put to sleep.
Council Member Cartozian asked if the owner had been bit by the dogs and was told that he
received scratches when prying open the dog’s mouth.
The following residents spoke in opposition of granting the appeal:
Mary Skill
Doris McArthur
Richart LaPorte
Mary Melcarek Linda (last name not given)
Dave Mathews Maria (last name not given)
Catherine Edmunds
Corporal Charles Miller of SEACCA answered questions as to the procedure of appealing the
denial of the permit. He explained that the owner had been warned that the animals could be taken
away, even though that was not the intent of SEACCA. They informed him that certain steps had to
be taken to ensure the publics’ safety and Mr. Hong had completed them. However, during the
investigation, unreported incidents were discovered of more attacks perpetrated by the two dogs.
He also replied that the dogs were in custody and had been since January.
Steven Hong, appellant, speaking in rebuttal, indicated that he understands the concerns
and fears of his neighbors and is willing to follow any requirements by SEACCA to restrain the dogs.
He also apologized to the neighbors that had been fearful.
Council Member Cartozian noted that it is an emotional issue, however, the Council needs to
address the issue pointed out by the City Attorney and decide if the dogs are a danger to the public.
He stated that he believes they are and would not support the appeal.
Council Member Gafin mentioned that being a dog owner himself, he understands the
emotional ties to ones pets; however, he had to rule on the side of public safety and would not
support the appeal.
Mayor Pro Tem Trejo explained that he is also a dog owner and agrees that it is an
emotional issue; however, public safety is more important and he would not support the appeal.
Council Member Bayer stated that she believes that SEACCA showed due diligence in the
handling and investigation of the attacks and that it is a no-win situation. However, she would have
to side with SEACCA’s recommendation to deny the permit.
Mayor Perkins noted that it is an emotional situation but they have the responsibility to
protect the mass.
It was moved by Mayor Pro Tem Trejo, seconded by Council Member Cartozian and
unanimously carried to deny the appeal thereby denying the application for permit to maintain
vicious dog(s) at 9368 Farm Street, Downey, upholding the decision of the Executive Director
of SEAACA and the Downey Police Department pursuant to Downey Municipal Code Section
4276
OTHER BUSINESS: None
STAFF COMMENTS: None
City Council Minutes 02/28/06
ADJOURNMENT: 9:57 p.m.
The meeting adjourned in memory of Michael C. Bayer, longtime Downey resident,
former Downey Police Officer and father of Amanda Bayer; and Betty Kenley, past President
of League of Women Voters, to 6:30 p.m., March 14, 2006.
L
KATHLEEN L. MIDSTOKKE, City Clerk
City Council Minutes 02/28/06